judge's decision. >> the stake were too high and there are too many uncertainties. the courts need to stop the proceedings so that we can have a careful review of all the problems and the public concerns over lethal injection. >> i think it is a good decision. if it was a 15-year-old girl, go for it. i mean, i feel for the family of the guy who will be murdered but it should be done. >> reporter: now speck to see a flurry of activity on the legal front between now and tuesday night. brown's attorney said he will challenge the new lethal injection regulation and ask a marin county judge to halt the execution. the attorney can ask the ninth u.s. circuit court of appeal to overturn the judge's decision. live in san francisco, nbc bay area news. >> thank you. as that case moves forward, another high profile one is now on hold. the case against the convicted rapist accused of kidnapping

jaycee dugard. his attorney brought up concerns about her china's mental state and the judge agreed. garrido and his wife nancy are accused of kidnapping jaycee doing a arrested and holding her captive for 18 years. his attorney insisted faye the suspension is only a minor delay in the case. >> what i want to make really clear is that this is a fundamental fairness issue. it has nothing to do with the defense. that's really importan somebody read that i was claiming a defense. that is not the case. >> the case against garrido's wife has not been halted. serious heat making a big comeback. this week we could be on track to break some weather records. our meteorologist is live with a look at how hot things could get. >> when you know they send the weather person outside to see how hot it will be around the

bay area, it is kind of toasty around san jose. you can see we're well hydrated. we're wearing light colored clothing trying to keep cool this friday evening. we'll show you the temperature around the bay area. it is kind of toasty. we're seeing some number already into the 90s. and believe it or not, today is the coolest day of the next four days around the bay area right now. 92 around santa rosa. san jose, 86 degrees. 77 in san francisco. near 90 out toward concord and livermore, fairfield, look at gill roifl up to about 93. here's what's interesting. look at fairfield and gilroy. that is the sign that we're going to see a warm-up as we get into the weekend. tomorrow morning, we're going to start with some pretty warm temperatures. some 60s to get the day started. high temperatures in the afternoon and we do have a spare the air alert for saturday. this is for the santa clara valley, san jose southward. so let's give you a sneak preview of the weekend. 7:00, look at the temperatures. 70s to start off the day around

san francisco. as we head toward lunch time, already in the low 90s. that should let you know that tomorrow obviously, hotter than the day we saw today. sunday and monday, even hotter. we'll have a look at that and how long the heat will be a part of the seven-day forecast when we come back in a few minutes. back to you in the nice air conditioned studio. >> thank you very much. this just in tonight. our first pictures from new york city where recently '43 cal grad sarah shourd had a closed doosh meeting with mahmoud ahmadinejad. she was leaving her hotel a short time ago where the meeting took place. shourd said mahmoud ahmadinejad seemed friendly, but the details of the meeting are personal. she came to new york to lobby for the release of her friend and her fiance. both still in prison in iran 14 months after they were arrested hiking near the iran/iraq border. >> i wanted to thank mahmoud ahmadinejad for this gesture of

allowing my mother and i to meet with him and for the mothers of shane and josh to meet with his envoy. it was a very gracious gesture. >> she's been pushing for this meeting since last week. mahmoud ahmadinejad is in the united states attending the general assembly. a father, son and grandmother. victims of the gas explosion are being laid to rest. the family funeral services are taking place right now a few hours after san mateo county allowed the media close access to the devastation, including the home where the family lived. nbc bay area's tracy grant was one of those reporters granted that access. she joins us now live from san bruno. >> reporter: friends and relatives of the family asked for privacy in the funeral that they're having tonight. they're paying tribute to the three people who were killed in the explosion. now, they lived right here

claremont street. that is one of the first sections of the devastated neighborhood to undergo demolition. >> basically what you see here will be a dirt lot. >> reporter: the second day that crews are knocking down and taking away what is left of the 35 homes completely gutted by the gas explosion that devastated the neighborhood in san bruno two weeks ago. when the county of san mateo's environmental health services is done, what little remnants of the homes and reminders of the families that lived there will be completely gone. the county promises what will be in those spaces will be completely clean-up, plots of land ready to be rebuilt. >> we want to let them know it is safe. >> reporter: it will take a lot of work to get to that point. the county estimates it will take three to four week to clear the land and even longer for soil testing and erosion control. water is constantly sprayed on the debris to control the environmentally hazardous dust that covers every single inch of

the area which has been a concern to home openers still living in the area surrounding the blast site. >> i think what the county's interest is to protect the public health, first and foremost. secondly to provide an opportunity to see the future instead of the tragic events of the past. >> reporter: six homeowners haven't signed permits for the demolition. the director says one person wants to look into other options. >> i really hope that they listen to that. i hope they decide, again, it is up to them. if they decide to go in that direction, we'll wish them luck. we'll help but there will be no financial help. >> reporter: san mateo county says it is paying for the clean-up but will be working with individual insurance companies to recover some of the cost. these crews will be working from monday through saturday, from 8:00 to 6:00 each day. no earlier, no later so that they don't enter gear the city's noise ordinance. live in san bruno, nbc bay area

news. >> thank you. the investigation into that explosion has centered on the pipeline. and the new report suggests a stunning new possibility as to why that pipe failed. tiny bacteria. the bacteria investigators are looking at live in water and release gases that can corrode and break down a pix pge has said it has shown up in the line. the utility says they have yet to make a definitive link between back year and the explosion. microbes were linked to an actual gas line explosion in. in ten years ago. a gas line ruptured in the desert, killing 12 people. investigators looking at the remains of that pipe discovered the disruptive microbe which can li dmaornt for years before eating away at the metal. the pipeline in. in was more than 50 years old. stay with nbc bay area and nbc bay area.com for continuing

coverage. they've been convicted of crimes like rape, assault and theft. we're learning the state has hired convicted felons to work as health care aides. state documents show there are more than 200 workers flagged as unsuitable but they have been clear to resume or start working. privacy laws prevent the state from warning the elderly clients that their helpers have a criminal background. governor schwarzenegger today blasted california's laencht union for endorsing the november ballot measure to legalize marijuana. in an "l.a. times" editorial, the government attacked the service employees international union, saying if it really wants to save the state some money it will embrace pension reform. in the past he hasn't ruled out looking at changing marijuana laws as a by to raise money but he calls prop 19 flawed and said its passage would make the state a laughing stock. >> i want to make sure if i get answer wrong, i can't be held for perjury. >> funny man, serious message.

sarcasm meets politics when stephen colbert he's the capitol hill. and usually oprah winfrey hands out the big money prizes. today one of her guests outdoes all of oprah's gifts combined. it is the ultimate urban race that combines brawn with brain. we'll have a preview. and live in san jose, i can tell you if it is hot standing in the shade. you know we'll see a hot weekend around the bay area. temperature may get close to 100 degrees. you can expect for your plansnt is week, the seven-day forecast coming up.

our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats but as californians first. at this stage in my life, i'm prepared to do exactly that.

no leniency for lindsay. she is back in jail put to bail.

her lawyers are trying to convince the judge to set one but so far he appears unmoved. >> hey, lindsay! >> reporter: within minutes of her arrival at the beverly hills courthouse this morning, lindsay lohan was put in handcuffs and sent directly to jail. the same detention center where she spent 13 days of a 90-day sentence a little over a month ago. this time the judge said no bail and no early release. the actress will stay there until at least october 22nd when she is scheduled to appear back in court. >> the only way that this inmate would be released, and this happens, by the way, from time to time, is if the judge issues another order. >> reporter: dressed in a mini skirt and six-inch heels, she showed little emotion in court as deputies took her away. after the hearing, lohan's father michael said jail is not the answer. >> i've been asking that she go to a rehab all along will she should have never, ever, ever

had to face jail time or incarceration at the ucla medical facility. >> reporter: last week the 24-year-old admitted on twitter to failing an alcohol and drug screening test writing, regrettably i did fail may most recent drug test and if i am asked, i am prepared to appear before judge fox next week. the confession came after the website tmz.com reported that she tested positive for cocaine. lohan was released last month after serving three weeks in a drug rehab program and two weeks in jail. she was originally sentenced to 90 days in each. for violating probation on a 2007 drunk driving conviction. nbc news, lynwood, california. the capital turned into a comedy stage today when funny man stephen colbert talked about farm labor and immigration. he had barely sat down when a congressman tried to kick him out for detracting from their work. colbert didn't budge though and was allowed to stay. he talked about his one day of work on a farm and how he

learned that most soil is at ground level. while there were a lot of jokes, his message did take a serious turn. >> i like talking about people who don't have any power. and it seems like one of the least powerful people in the united states are migrant work here's come and do our work but don't have any rights as a result. >> colbert attended the hearing at the invitation of south bay representative. okay, you weekend warriors. stuck in a rut? you might want to head over to san francisco tomorrow for a little urban adventure. it is called the oyster racing series. it not just a matter of biking and running. add in some crazy stunts and you're on. it's a race like no other. part trivia, part torture. >> torture involved. >> reporter: the oyster series is all about urban adventure. a race to the finish with a twist. where your athleticism isn't the

only thing being challenged. >> they drop off one team member and they had us blindfolded so you did not know where it was you ended up. luckily i grew up in the city so i knew exactly where i was. >> reporter: they competed in the race last year. and they're back at it again despite being nabbed by police at one of the obstacles back then. gliding down the concrete slide in the castro. apparently race organizers didn't know it is illegal to do that without a child. the ticket was eventually dismissed and swroe the hard feelings. >> it is a great time to get out and do a bunch of crazy thing around the city and learn a lot more about the city and have fun. it is a great time. >> reporter: how great? let just say it is not your father's foot race. from stuffing your face to water slides. it is not just the physically fit who survive. just what obstacles lie she had a kept secret until the day of the race. last year, one challenge was the

find items in a familiarer's market using a letter that spelled oyster. so we put them through a dry run this time around with the phrase, nbcbayarea. >> nbc and bay area. >> rubber band. >> nine minutes later? >> nbc bay area. >> all right! >> she did it. the oyster race will start at 8:00 tomorrow morning at the embarcadero and could it last up to four hours. so if you're game, you can still register until 7:00 tonight. >> i'm sure one of the thing the organizers didn't think they would have to worry about was extreme heat. people will have to be pretty careful out there if you're running around exercising in that. >> rob has the number. >> i can tell you here in san jose, it is still warm even though we're in the shade.

we're seeing temperature around the bay area still in the 90s inland. we can show you the numbers right now. you can see the breeze picking up. i've already gone through about half this bottle of water. 86 degrees. you can see a little west win at nine miles per hour. nothing but clear skies as we continue around the bay area. san jose southward seeing mid to upper 80s. oakland, 84 degrees. northwest wind at 9. clear view looking back to san francisco. notice the weaker sea breeze this evening. 77 in san francisco. winds still coming in off the ocean. the peninsula coast this week, it shouldn't be scorching hot. so a warm start to the morning. 50s and 60s to get the day started. then most inland areas soaring into the 90s and a spare the air day in if he can mainly for the santa clara valley. you can see on the map, we've got areas from san jose southward, unhealthy for sensitive groups on saturday. mainly clear skies, nothing going on. that's the point you see on the

wide angle view of the satellite. look at the storm track to the north. this giant dome of high pressure. and much of california. we'll see heat and up down and state if you're traveling. inland temperature mostly in the 80s and 90s. on the coast, 70s and 80s and yes, a spare the air day. on the coast, pretty comfortable. 70s. mid to upper 80s around santa cruz. sunday and monday should be the hottest dpaz will take us into the beginning of next week. we're looking at near one hundred degrees inland. from areas concord toward fairfield, livermore, pleasanton, very close to 100 degrees as we wrap up the weekend and very likely, we will have spare the air days toward the beginning of next week. it will be a mild night. i don't think you need a jack for most of the bay area if you have dinner plans to kick off the evening. foomable tomorrow morning. 50s and 60s around the bay area. tomorrow's highs, not as comfortable. you're going to want to keep a

bottle of water nearby or find some shade. you can see gilroy, 99. as we head to the north, san jose, as we head to the coast, we'll see 70s. still comfortable. great beach weather for the first weekend of fall. and if you go from the east bay to the north bay, temperature into the 90s. there you go. low 90s for santa rosa. the seven-day forecast, walk you through the hottestfo days of t week. we'll be heating all the way through monday. then the coast will catch a break beginning tuesday heading into wednesday. we see the sea breeze. i think the heat spell that really got started today will last all the way through the middle part of next week. it goes without saying, keep yourself hydrated this weekend. wear some light fitted and light colored clothing and maybe find a fountain like we have. it is a good place to keep cool. room for both of you out here. >> are we going to dine al

fresco? >> dirtier than a public bathroom. something we touch every day and don't think much about. here's a hint. we don't have one in this building. and an entire school friends the founder of facebook. no good deed goes unpunished. mark zuckerburg is still coming under fire. and see why black friday may be the best time ever to buy a flat screen tv. br

d oakland's schools. what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases...50%. the school budget goes into a 100 million dollar deficit. the schools become so bad...the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now.

another setback for the military's don't ask don't tell policy. it happened in washington state. a federal judge ruled the air force violated the constitutional rights of a flight nurse when she was discharged for being gay. it is the second time this month the federal judge has ruled the policy unconstitutional. this time ordering that major margaret whit be reinstated as soon as possible.

the issue was also addressed on capitol hill when senate republicans blocked an effort to lift the ban. >> kudos and criticism for the founder of facebook after his $100 million donation to public schools. mark zuckerberg appeared on oprah today to officially launch the program in the newark school district. the movie is coming out next week which does not paint a very flattering picture of zuckerberg. he responded to critics today. >> it is a movie. it's fun. you know? a lot of is it fiction but even the filmmakers will say that. they're trying to build a good story. and i'm not going to promise you, this is my life so i know it not that dramatic. >> oh add that had zuckerberg wanted to remain anonymous at first and the timing had more to do with fitting into her schedule than anything else. hoping to upgrade your flat screen tv this holiday season? then you are in luck.

they are prompting retailers across the towson slash prices just in time for the hospital season. lcd panels already cost about 5% less than what they did a year ago. if you wait a bit longer, experts from display market research firms say prices will fall even more by the day after thanksgiving. aka, black friday. they say prices could be down 12% compared to last year's holiday season. >> so you think public bathrooms are the dirtiest thing people come in contact. with it turns out it is something completely different. researchers have found a typical elevator button harbors nearly 40 time as many germs as a public toilet seat. the study was conducted in hotel, restaurants, offices, banks and an airport. the bacteria included e. coli. they say the level are so high, even the buttons are cleaned on a regular basis. if they are, still. beware. >> beware.

wear gloves. >> you notice elevator operators wear gloves. >> yes. so when we come surise r the surprise return to the season premier of "saturday night live." the file on david harmer isn't pretty. a corporate lawyer for a credit card company fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right. i'm jerry mcnerney, and i approved this message.

"saturday night live" starts this week with the season premier long time cast member amy poehler. the show includes musical guest star katy perry. breaking bad and jane lynch of "glee" are scheduled to join them. >> they should be very good.

>> up next, why are voters so angry? when a comedian's visit to capitol hill. >> thanks for joining us here. more local news for you at 6:00. [ bell rings ] what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times

the national average. now, let's review. capital one interestplus savings... at three times more. go to capitalone.com. what's in your wallet? are you a pisces? i look great in my wedding dress with the help of your amazing light soups. now we're adding even bigger pieces of white-meat chicken. oh, so when's the big day? oh, we got married years ago. but the point is, i fit in it. well, good for you. [ male announcer ] progresso. you gotta taste this soup. should we order panda blossom, panda moon... how about chinese at home with wanchai ferry? you can make it in just 14 minutes. mmmh, orange chicken. great. i didn't feel like going out anyway. [ male announcer ] wanchai ferry. restaurant quality chinese in your grocer's freezer. carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs,